State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003) BIDS MUST BE SEALED AND ADDRESSED TO: AGENCY ADDRESS: Remove from bidder list for this commodity/service. (Return this page only.) Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid #_EB-4454. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise nted. The attached terms and conditions apply to any subsequent award. EDWARD BRADLEY / PURCHASING SERVICES DEPARTMENT OF CORRECTIONS 3099 E WASHINGTON AVENUE PO BOX 7991 MADISON WI 53707 7991 REQUEST FOR BID Bids MUST be in this office no later than THIS IS NOT AN ORDER BIDDER (Name and Address) January 22, 2014 3:00 PM CT _____________________________ Name (Contact for further information) Edward Bradley Phone Date 608-240-5572 December 18,2013 Quote Price and Delivery FOB Destination Item No. Quantity and Unit Fax bids are not accepted Price Per Unit Extended Total Description The Department of Corrections, Bureau of Health Services is Requesting bids for Physician Recruiting Services, per attached terms, conditions and specifications. 1 4 each Recruitment of Physicians (refer to Section 4.3.1) $___________ $_____________ Expenses related to recruitment of Physicians (other than item 1) based on receipts as listed in section 4.3.2 Payment Terms Net 30 Delivery Time: per specifications We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to State of Wisconsin CERTIFIED Minority-Owned Businesses. Bidder must be certified by the Wisconsin Department of Administration Minority Business Certification Program. If you have questions concerning the certification process, contact the Wisconsin Department of Administration, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does not apply to printing bids. We claim disabled veteran-owned business preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to State of Wisconsin CERTIFIED Disabled Veteran-Owned Businesses. Bidder must be certified by the Wisconsin Department of Administration Disabled Veteran-Owned Certification Program. If you have questions concerning the certification process, contact the Wisconsin Department of Administration, 101 E. Wilson St., 6th Floor, Madison, Wisconsin 53703, (608) 267-9550. Does not apply to printing bids. We are a work center certified (Wis. Stats. s. 16.752). Employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605. Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. Yes No Unknown In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid. Name of Authorized Company Representative (Type or Print) Title Signature of Above Date Phone ( ) Fax ( ) This form can be made available in accessible formats upon request to qualified individuals with disabilities. RFB # EB-4454 Physician Recruiting: Due Date: January 22,2014 Page 2 of 26 STATE OF WISCONSIN REQUEST FOR BID (RFB) # EB-4454 FOR: Physician Recruiting TABLE OF CONTENTS DEFINITIONS 1.0 INTRODUCTION, PURPOSE, AND SCOPE 2.0 BID PROCEDURE AND INSTRUCTIONS 3.0 BID ACCEPTANCE, EVALUATION AND AWARD 4.0 TECHNICAL REQUIREMENTS 5.0 PERFORMANCE REQUIREMENTS 6.0 PRICING 7.0 SUPPORT REQUIREMENTS 8.0 STANDARD AND SUPPLEMENTAL TERMS AND CONDITIONS 9.0 REQUIRED FORMS AND ATTACHMENTS RFB # EB-4454 Physician Recruiting: Due Date: January 22,2014 Page 3 of 26 DEFINITIONS: The following definitions are used throughout the bid: ARO: After Receipt of Order Bidder: Firm submitting a bid in response to this Request for Bid BHS: Bureau of Health Services Contractor: Successful vendor awarded the contract DAI: Division of Adult Institutions, administration of all state correctional incarceration facilities except those juvenile facilities operated by Division of Juvenile Corrections – headquartered at DOC Central Offices, 3099 E Washington Ave., Madison, WI 53704 DCC: Division of Community Corrections, supervises offenders outside secure facilities DJC: Division of Juvenile Corrections, operates the two correctional ‘schools’ – headquartered at DOC Central Offices, 3099 E Washington Ave., Madison, WI 53704 DOA: Department of Administration has statutory authority [WI Stats. Chapter 16] to define, regulate and delegate all aspects of procurement of commodities and services for state agencies. DOC: Department of Corrections, also referred to as the department or the DOC – headquartered at DOC Central Offices, 3099 E Washington Ave., Madison, WI 53704 DVB: Disabled Veteran-Owned Business MBE: Minority Business Enterprise Offender: Person under the custody or supervision of the Wisconsin Department of Corrections P-Card: Procurement Card (State credit card) Purchasing: Department of Corrections’ Purchasing Services Section RFB: Request for Bid State: State of Wisconsin Vendor: Firm submitting a bid in response to this Request for Bid WCCS: Wisconsin Correctional Center System, a system of small minimum security centers located around the state which offer work-release options to offenders to prepare them for release WWCS: Wisconsin Women’s Correctional System Must: Shall: Should: Requirement is mandatory Requirement is mandatory Desirable but not mandatory RFB # EB-4454 Physician Recruiting: 1.0 Due Date: January 22,2014 Page 4 of 26 INTRODUCTION, PURPOSE, AND SCOPE 1.1 PURPOSE OF THIS REQUEST FOR BID The Department of Corrections, hereinafter referred to as the "DOC", through its Purchasing Services Section, hereinafter referred to as "Purchasing," on behalf of Bureau of Health Service hereinafter referred to as "BHS"requests bids for the purchase of Physician Recruiting Services. Other State agencies may use the resulting contract, if agreeable to both the DOC and the vendor, to obtain the benefits of volume purchases and/or reduction in administrative expenses. 1.2 CONTRACT TERM The resulting contract shall be effective on the date of execution, which shall be the date signed by the Secretary of the Department of Corrections. The contract period shall be for two years from execution of the contract by the Department and shall expire on the last day of that month. Three, one-year renewals are authorized by mutual consent. Renewals will execute automatically unless the Contractor takes action and notifies the DOC, in writing, of their desire to modify the terms or terminate the contract at least ninety (90) days prior to the deadline date. 1.3 EXECUTED CONTRACT TO CONSTITUTE ENTIRE AGREEMENT In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, and the bid of the successful bidder, and additional terms agreed to, in writing, by DOC and the contractor shall become part of the contract. Failure of the successful bidder to accept these as a contractual agreement may result in a cancellation of award. In the event of any conflicts or disputes between the parties about the meaning of any part of the contract, the following priority of documents will be used to resolve the conflict or dispute: State of Wisconsin standard terms and conditions Final Signed Contract including any attachments or amendments Official State of Wisconsin Purchase Order Bidder’s written bid document State of Wisconsin Request for Bid, including any amendments Successful bidder(s) should retain a copy of this DOC Request for Bid document and their own response to the RFB solicitation, as it becomes part of the awarded contract. 1.4 CANCELLATION AND TERMINATION This Contract may be terminated for the following conditions: 1.4.1 The DOC may terminate the Contract at any time, with or without cause and without penalty by delivering thirty (30) days written notice to the Contractor. 1.4.2 The DOC has a Vendor Performance Evaluation process for soliciting feed-back from contract users about vendor performance and compliance with contract specifications. Vendor noncompliance with the terms, conditions or specifications that is persistent and/or significantly impacts the quality and performance provided pursuant to the contract may be considered in breach of contract. Negative Vendor Performance Evaluation Surveys may result in non-renewal or termination of contract. 1.4.3 If at any time the Contractor performance threatens the health and/or safety of the DOC, the DOC has the right to cancel and terminate the Contract without notice. 1.4.4 Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in #23 of the Standard Terms and Conditions, the DOC has the right to cancel and terminate the Contract without notice. RFB # EB-4454 Physician Recruiting: Due Date: January 22,2014 Page 5 of 26 1.4.5 If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, the DOC has the right, in addition to any other rights of whatsoever nature that it may have at law or inequity, to terminate the Contract by giving 10 calendar days notice in writing of such termination. 1.4.6 Failure of the DOC to comply with contract terms, conditions or specifications shall provide the sole cause for which the Contractor is entitled to terminate the contract. The Contractor shall notify the Department in writing within thirty (30) days after the Contractor becomes aware of the alleged noncompliance with a complete description of the same. If the DOC does not, within forty-five (45) days after its receipt of the Contractor’s notice, either (1) effect a cure or (2) if the noncompliance is not one that can reasonably be cured within forty-five (45) days, develop a plan to cure the noncompliance and diligently proceed according to that plan unto a cure is effected, then the Contractor may terminate the Contract for cause by written notice to the DOC. The Contractor may not terminate the Contract without cause unless express written consent to do so is provided by the DOC. 1.5 VENDORNET REGISTRATION Department of Administration and State Bureau of Procurement policies no longer require maintenance of bidder’s lists or individual notification of vendors on bidders’ lists. In addition, there is no requirement to post solicitations for bids/proposals in the Legal Notices of the Official State Newspaper. Vendors who fail to register with VendorNet or who register or change/add commodity codes after the posting of a solicitation may not receive notification of procurement solicitations including amendments or cancellations. The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us/vendornet/asp/reginfo.asp to get information on state purchasing practices and policies, commodities and services that the state buys, and tips on selling to the state. Vendors may use the same Web site address for inclusion on the bidders list for commodities and services that the organization wants to sell to the state. A subscription with notification guarantees the organization will receive an e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $50,000. Organizations without Internet access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $50,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities. To obtain information on the state’s bidder registration, visit the VendorNet Web site at http://vendornet.state.wi.us or call the VendorNet Information Center (1-800-482-7813). In the Madison area, call 608-264-7898. Make sure to select all the appropriate NIGP (Commodity) Codes. Bid lists are generated by NIGP codes. Consider using a generic email address that is accessed or delivered to multiple recipients (example: [email protected]). This will insure that the bid notice is received. 2.0 BID PROCEDURES AND INSTRUCTIONS 2.1 REASONABLE ACCOMMODATIONS The DOC will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If accommodations at a bid opening/vendor conference are needed, contact Edward Bradley via telephone at 608-240-5572 or email at [email protected] RFB # EB-4454 Physician Recruiting: 2.2 Due Date: January 22,2014 Page 6 of 26 BID SUBMITTAL Bidders must submit an original, marked as such, and 1 copy of all materials required (see section 2.4 and 9) for acceptance of their bid. One electronic copy is also required. Receipt of a bid by the State mail system does not constitute receipt of a bid by the Purchasing Services Section, for purposes of this RFB. Use one of the options below for return of the bid. The Bid(s) must be received at the Purchasing Services Section, at the office listed below, no later than January 22, 2014, 3:00 PM Central Time. Any bids received after that time and date will be rejected. USPS ADDRESS EDWARD BRADLEY/ PURCHASING SERVICES DEPARTMENT OF CORRECTIONS PO BOX 7991 MADISON WI 53707-7991 COMMON CARRIER ADDRESS EDWARD BRADLEY/ PURCHASING SERVICES DEPARTMENT OF CORRECTIONS 3099 EAST WASHINGTON AVE MADISON WI 53704-4338 NOTE: Allow an extra day for deliveries to the PO Box address. FAXING: Faxed bids are NOT accepted. E-MAILING: Emailed bids are NOT accepted. All bids must be packaged, sealed, and show the following information on the outside of the package: Vendor’s Name and Address Request for Bid Title Request for Bid Number Bid Due Date 2.3 CALENDAR OF EVENTS Listed below are important dates and times by which actions related to this Request for Bid (RFB) must be completed. In the event that the State finds it necessary to change any of these dates and times it will do so by issuing an amendment to this RFB to be posted on VendorNet, unless the event is listed as estimated or approximate. DATE December 18, 2013 January 7, 2014 January 10, 2014 January 22, 2014 February 5,2014 March 1, 2014 2.4 EVENT RFB posting date Last day for submitting written questions Answers to questions posted on VendorNet (estimated) Bids due from vendors Estimated award date Approximate Contract Start date FORMAT OF BID Responses to this RFB must comply with the following format requirements (reference Section 8). 2.4.1 SIGNED REQUEST FOR BID, Form DOA-3070 – Cover sheet of this RFB Include here the signed Request for Bid form included with the bid and those certifications required for submittal of a bid. Bids submitted in response to this RFB must be signed by the person in the vendor's organization who is responsible for the decision as to the prices being offered in the bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices. 2.4.2 COST SUBMITTAL INFORMATION Bidders must submit cost on the Request for Bid form (DOA-3070), complete and sign, including a price per unit for each item and an extended total. Cost must include labor, local travel (not including visiting recruits) and insurance. All costs to furnish the service(s) included in the bid, in accordance with the terms and conditions of this RFB, must be included. RFB # EB-4454 Physician Recruiting: Due Date: January 22,2014 Page 7 of 26 2.4.3 VENDOR INFORMATION, Form DOA-3477 Provide Vendor Company contact information as requested on the form. 2.4.4 DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION, Form DOA-3027 Information submitted as part of the bid document which is proprietary and confidential in nature and which qualifies as a trade secret may be kept confidential under the Wisconsin Open Records Law – Section 19.36(5), Wis. Stats. Complete and sign the attached form. 2.4.5 WISCONSIN’S COOPERATIVE PURCHASING SERVICE, Form DOA-3333 Vendors are encouraged to extend the contract resulting from this RFB to local governments in Wisconsin. Indicate your willingness to allow Wisconsin municipalities to participate in this contract by completing Form DOA-3333, Wisconsin’s Cooperative Purchasing Service. 2.4.6 VENDOR REFERENCE, Form DOA-3478 Complete the Vendor Reference form with four vendors that your company has done business with providing services. Include the company name, address, contact person and telephone number along with a brief description of the service. 2.4.7 STATE OF WISCONSIN TERMS AND CONDITIONS The standard (DOA-3054) and supplemental (DOA-3681) terms and conditions shall govern this RFB and subsequent award. Vendors must accept these terms and conditions or submit point-bypoint exceptions along with proposed alternative or additional language for each point, including any vendor contracts. Submission of any standard vendor contracts as a substitute for language in the terms and conditions is not a sufficient response to this requirement and may result in rejection of the vendor's proposal. The State reserves the right to negotiate contractual terms and conditions other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so. 2.5 MULTIPLE BIDS Multiple bids from a vendor will be permissible, however each bid must conform fully to the requirements for bid submission. Each such bid must be separately submitted and labeled as Bid #1, Bid #2, etc. on each page included in the response. Alternate acquisition plans do not constitute multiple bids. 2.6 INCURRING COSTS The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this RFB. 2.7 QUESTIONS, CLARIFICATIONS AND/OR REVISIONS THROUGH DESIGNATED CONTACT All communications and/or questions regarding this request must be written and submitted via fax, e-mail, USPS mail or hand delivery to the Purchasing Services Section. If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, they have five (5) business days after the bid posting date to notify, in writing, the Edward Bradley at the address shown below of such error and request clarification of the RFB document. All written questions will be responded to in writing and provided to all bidders. EDWARD BRADLEY / PURCHASING SERVICES DEPARTMENT OF CORRECTIONS PO BOX 7991 MADISON WI 53707 7991 [email protected] Fax: 608-240-3342 From the date of release of this RFB through the entire RFB process, all contacts with the DOC regarding this RFB shall be made through the Purchasing Services Section. Violation of this condition may be considered sufficient cause for rejection of a bid, irrespective of any other considerations. RFB # EB-4454 Physician Recruiting: Due Date: January 22,2014 Page 8 of 26 In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, amendment(s) will be posted on VendorNet. Each bid shall stipulate that it is predicated upon the terms and conditions of this RFB and any amendment(s) thereof. 3.0 BID ACCEPTANCE, EVALUATION AND AWARD 3.1 BID OPENING Bids will be opened on the date and time indicated on the Request for Bid Form (DOA-3070) at 3099 East Washington Ave. Madison, WI 53704 Purchasing Services Section room. Names of the bidders shall be read aloud at that time. 3.2 BID ACCEPTANCE Bids which do not comply with instructions or are unable to comply with specifications contained in this RFB may be rejected by the State. The State retains the right to accept or reject any or all bids, or accept or reject any part of a bid deemed to be in the best interest of the State. The State shall be the sole judge as to compliance with the instructions contained in this RFB. 3.3 BID EVALUATION Bids will be evaluated by the DOC's Edward Bradley and program manager to verify that they will meet all specified requirements in this RFB. This verification may include requesting reports on the vendor's financial stability, conducting demonstrations of the vendor's proposed service(s) and reviewing results of past awards to the vendor by the State of Wisconsin. FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY THE BID. However, if no bidder is able to comply with a given specification, condition of bid or provide a specific item, Purchasing Services reserves the right to delete that specification, condition of bid or item. 3.4 METHOD OF AWARD Award(s) shall be made on the basis of the lowest extended total price for recruiting 4 Physicians from a responsive, responsible bidder meeting bid specifications and requirements, which is judged to be in the best interest of the DOC. The DOC reserves the right to accept or reject any and all bids in whole or in part. Bids that state the DOC shall guarantee a specific quantity or dollar amount will be disqualified. In the event of bidder error in calculation, unit price shall prevail in award. If a responsive, responsible State qualified work center meets the fair market price and other work center program criteria, the award will be made to the work center (Wisconsin State Statute 16.752). 3.5 MINORITY BUSINESS ENTERPRISE Bids from a certified Minority Business (MBE) may be provided up to a five percent (5%) bid preference in accordance with Wis. Stats. s. 16.75(3m). MBE must be certified by the Department of Administration to be eligible for the preference. Indicate if applicable by checking the box on the front page, form DOA3070. 3.6 DISABLED VETERAN-OWNED BUSINESSES Bids from certified Disabled Veteran-Owned Business (DVB) may be provided up to a five percent (5%) bid preference in accordance with Wis. Stats. s. 16.75(3m). DVB must be certified the by the Department of Administration to be eligible for the preference. Indicate if applicable by checking the box on the front page, form DOA-3070. RFB # EB-4454 Physician Recruiting: 3.7 Due Date: January 22,2014 Page 9 of 26 NOTIFICATION OF INTENT TO AWARD Any vendors who respond to this RFB, with a bid, will be notified in writing of the State’s intent to award the contract(s) as a result of this RFB. After notification of the intent to award is made, under the supervision of Department of Corrections, copies of bids will be available for public inspection 8:30 a.m. to 3:30 p.m. at 3099 East Washington Ave., Madison WI. Vendors shall schedule reviews with Edward Bradley to ensure that space is available for the review. 3.8 APPEALS PROCESS The appeals procedure applies to only those Requests For Bids for Services that are $50,000.00 or greater in a year. Notices of intent to protest and protests must be made in writing. Protesters should make their protests as specific as possible and shall identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated. The written notice of intent to protest the Intent to Award a Contract must be filed with: EDWARD F. WALL, SECRETARY DEPARTMENT OF CORRECTIONS PO BOX 7925 MADISON WI 53707 7925 And be received in the office above within five (5) working days after the notice of intent to award is issued. The written protest must be received in the office above within ten (10) working days after the notice of intent to award is issued. Copies of the notice of intent to protest and the written protest should be sent to the Purchasing Section Chief at the same address. The decision of the head of the procuring agency may be appealed to the Secretary of the Department of Administration within five (5) working days of issuance, with a copy of such appeal filed with the procuring agency, provided the appeal alleges a violation of statute or a provision of a Wisconsin Administrative Code. 4.0 TECHNICAL REQUIREMENTS The following requirements are the minimum specifications of the service(s) required. Failure by a bidder to respond to any specific requirement or question shall be the basis for elimination from consideration. However, if no bidder is able to comply with a given specification, condition of bid or provide a specific item, Purchasing Services reserves the right to delete that specification, condition of bid or item. In pursuant to WI State Statute 16.705(1r), all contractual services provided under the contract resulted from this solicitation must be performed in the United States. The few exceptions for State Statute 16.705 are identified within the statute. Revisions to this bid, if any, will be made in the form of an official amendment(s) issued by the Department of Corrections, Purchasing Services Section. 4.1 VENDOR EXPERIENCE AND QUALIFICATIONS 4.1.1 4.1.2 4.1.3 Bidder shall have a minimum of 5 years in the business of providing Physician Recruiting Services and must have done so for the past 3 years. Bidder shall submit documentation of the organization’s experience and qualifications in providing the services as described above. Be specific. Identify services, dates and results. Attach copies of any applicable certifications. To be eligible for a contract award, Bidder must have the minimum qualifications as listed below or bid will be disqualified RFB # EB-4454 Physician Recruiting: 4.2 STAFF QUALIFICATIONS, EXPERIENCE AND TRAINING 4.2.1 Bidder shall have adequate staff with the required skills to ensure the quality and effectiveness of program services. Programs shall also ensure that the staff is receiving appropriate training and education to maintain quality services. 4.2.2 Organization staff shall have at least 3 years of physician recruiting experience. 5.0 Due Date: January 22,2014 Page 10 of 26 Bidder shall submit a list of staff names providing documentation of staff training, experience and qualifications in providing the services as described above. The format of the documentation shall include names of staff, dates, location of experience and names and phone numbers of persons who can verify experience. 4.3 SPECIFICATIONS 4.3.1 Activities to be included in Recruiting Fee: Vendor will conduct on site consultation, quarterly (unless mutually agreed to cancel). Provide monthly report detailing the activities for that have been performed for the DOC and what activities will be performed in the future. Conduct weekly telephone contact to the designated DOC representative to discuss activity. Conduct reference background checks, verification of educational activity and job performance references, provide DOC with written documentation of same. Personally interview spouse and candidate, at their location if necessary and submit report to DOC, recommending a site visit or not. Arrange travel and accommodations to visit the potential site of the practice. Act as a consultant to DOC in helping to successfully fulfill the vacancies. Efficiently utilize DOC representatives’ time with arranging interviews with serious candidates develop community practice profile for each potential medical practice site. DOC must pre approve all solicitations for candidates. 4.3.2 Activities to be included in Recruiting Fees: Travel by recruit and or spouse to visit practice site. Solicitation materials and placement fees for recruiting effort, including costs of professional lists, long distance fees, special research materials. 4.4 ON SITE SERVICE In carrying out the scope of this Contract, the Contractor will be required to perform services on DOC property. Bidders cost must include all transportation and insurance charges. The contractor is required to maintain insurance in compliance with “Standard Terms and Conditions 23.0 Insurance. 4.5 ORDERS Specific order(s) or Contract blanket order(s), may be issued to the Contractor(s). 4.5.1 Purchase Order(s): issued as one-time orders. 4.5.2 Blanket Purchase Order(s): issued for a specified period of time, to allow departmental personnel to issue releases against the blanket purchase order(s) as needed. 4.5.3 Identify method by which orders may be received. (example: phone, fax, internet, etc.). PERFORMANCE REQUIREMENTS 5.1 STAFF PERFORMANCE The contractor shall utilize, on this contract, only workers that are skilled in the tasks to which they are assigned. The DOC retains the right to require the reassignment of an employee or employees, as the Department may deem necessary. Reasons for this request may be but are not limited to incompetence, carelessness, disruptive or otherwise objectionable behavior. The request for reassignment is in no way a call for dismissal. It is just a request for the individual to be reassigned out of the State facility. 5.2 STAFF AND EQUIPMENT Contractor shall have in their employ, or under their control, sufficient qualified and competent personnel to perform work promptly and in accordance with a schedule or work program, as approved by the DOC. RFB # EB-4454 Physician Recruiting: Due Date: January 22,2014 Page 11 of 26 All equipment and supplies proposed must be capable of performing all operations in accordance with specifications. 6.0 PRICING 6.1 FIRM PRICES Prices must remain firm for 90 calendar days after bid opening.) 6.2 PRICE INCREASE REQUESTS Price increase requests proposed after the initial Contract term must be received by Purchasing in writing 30 calendar days prior to the beginning of the next contract term for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request and may not increase more than the General Consumer Price Index. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part. Acceptance of the price increases shall be in the form of an amendment to the contract. Price increases must be labeled with the contract number and be submitted in the same format as the original RFB. Any price increase requested that is not submitted in the proper format may be rejected. 7.0 SUPPORT REQUIREMENTS 7.1 INVOICING / PAYMENT REQUIREMENTS Contractor must agree that all invoices and purchasing card charges shall reflect the prices and discounts established for the items on this contract for all orders placed by the DOC even though the contract number and/or correct prices may not be referenced on each order. The DOC must meet a statutory mandate to pay or reject invoices within 30 days of receipt by DOC Accounts Payable. Before payment is made, DOC also must verify that all invoiced charges are correct as per this Contract. Only properly submitted invoices will be officially processed for payment. Prompt payment requires that contractor invoices be clear and complete in conformity with the instructions below. All invoices must be itemized showing: Contractor name remit to address purchase order number release number if given All expenses related to recruiting (line 2 page 1) require documentation The original invoice and two copies must be sent to the DOC address listed on the Purchase Order. Final payment may not be made until work has been accepted by the DOC. 7.2 SUBCONTRACTING Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any other Contractor without prior written approval by Purchasing Services. 7.2.1 The Contractor shall be directly responsible for any subcontractor’s performance and work quality when used by the Contractor to carry out the scope of the job. 7.2.2 Contractor must assure subcontractors abide by all terms and conditions under this Contract. 7.2.3 If subcontractors are to be used, the Contractor must clearly explain their participation. RFB # EB-4454 Physician Recruiting: Due Date: January 22,2014 Page 12 of 26 7.3 PRIME CONTRACTOR: MINORITY BUSINESS SUBCONTACTORS AND DISABLED VETERAN-OWNED BUSINESS SUBCONTRACTORS The prime contractor will be responsible for contract performance when subcontractors are used. However, when subcontractors are used, they must abide by all terms and conditions of the contract. If subcontractors are to be used, the bidder must clearly explain their participation. The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The contracting agency is committed to the promotion of minority business in the state's purchasing program. The State of Wisconsin policy provides that minority-owned and disabled business enterprises certified by the Wisconsin Department of Administration Minority Business Certification Program should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority and disabled owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises. The supplier/contractor shall furnish appropriate quarterly information about its effort to achieve this goal, including the identities of such enterprises certified by the applicable State of Wisconsin Supplier Diversity Certification Program (http://vendornet.state.wi.us/vendornet/doaforms/doa-3234.doc) and their contract amount. The Wisconsin Office of Business Development also certifies disabled veteran-owned business certification program and supplier/contractor should also include the identities of such businesses in their quarterly information. Quarterly reports shall be due fifteen (15) calendar days after the end of the quarter, 9/30, 12/31, 3/31 and 6/30. The form for submitting this information is available from the VendorNet Department of Administration Forms Page: http://vendornet.state.wi.us/vendornet/doaforms/doa-3234.doc . The report shall be submitted even if there is no activity. Submit to: e-mail: [email protected] post: MBE Purchasing Report PO BOX 7991 Madison, WI 53707-7991 The State reserves the right to request additional reports from the Contractor at no additional cost. Contractor shall use every effort to provide such reports in a reasonable timeframe, but no later than thirty (30) calendar days from the time the request was submitted. These reports shall be in a form approved in advance in writing by the State. A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Minority Business Program, (608) 267-3293. The listing is published on the Internet at: http://www.doa.state.wi.us/mbe/report2.asp?locid=0 . A directory of certified disabled veteran-owned business can be accessed via this website: http://commerce.wi.gov/BusinessDirectory/. Information about the Disabled Veteran-Owned Business Program is available from the Department of Administration, (608) 267-3293. RFB # EB-4454 Physician Recruiting: Due Date: January 22,2014 Page 13 of 26 7.4 AFFIRMATIVE ACTION All contracts of more than Fifty Thousand Dollars ($50,000) require the submission of a written affirmative action plan or request exemption. Contractors with an annual workforce of less than twenty-five employees are eligible for exemption. Within fifteen (15) days after the award of the contract, the written affirmative action plan, or statement requesting exception, shall be submitted to the Department’s Contract Compliance Office. Address plan to: AFFIRMATIVE ACTION MANAGER/ PURCHASING SERVICES DEPARTMENT OF CORRECTIONS 3099 E WASHINGTON AVE PO BOX 7991 MADISON WI 53707 7991 Contractors are encouraged to contact this office at, (608) 240-5571, for technical assistance on equal opportunity. "Affirmative Action Plan" is a written document that details an affirmative action program. Key parts of an affirmative action plan are: (1) a policy statement pledging nondiscrimination and affirmative action employment, (2) internal and external dissemination of the policy, (3) assignment of key employee as the equal opportunity officer, (4) a workforce analysis that identifies job classification where representation of women, minorities and the disabled is deficient, (5) goals and timetables that are specific and measurable and that are set to correct deficiencies and to reach a balance of work force, (6) revision of all employment practices to ensure that they do not have discriminatory effects, (7) establishment of internal monitoring and reporting systems to measure progress regularly. Failure to comply appropriately with these requirements can lead to bidder being banned from doing business with any agency of the State of Wisconsin. Additionally, failure to comply can result in termination of this contract, or withholding of payment. On the Vendor Information Sheet provide the requested information. For additional information see Section 19.0 of the Standard Terms and Conditions. 7.5 WISCONSIN SALES AND USE TAX REGISTRATION The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract if the vendor or contractor has not met or complied with the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin Department of Revenue, the DOC and any other state agency can not issue any purchase orders to your firm. For additional information see http://www.dor.state.wi.us/html/vendlaw.html 7.6 TOBACCO-FREE ENVIRONMENT All DOC Institutions are Tobacco-Free. Contractors are not to possess or use any tobacco product inside an institution. 7.7 SECURITY AND CREDENTIAL REVIEW The department requires that all persons providing services in its facilities submit and pass criminal background and license/credential checks. History of arrests and/or convictions could disqualify an individual if deemed relevant to the position, service or site. Background checks will be conducted and paid for by the institution, and records will be maintained on site, as well as copies of credentials and licenses 7.8 ACCESS TO DOC INSTITUTIONS Execution of this contract requires access/entrance into DOC secure facilities. All contractor staff will be required to submit to a Criminal Background Check, which must be successfully completed prior to arrival. Although specific policies vary somewhat between facilities, the following will apply: All vehicles shall be thoroughly searched entering and leaving the institution to prevent introduction of contraband and the use of the vehicle as a means of escape by inmates. RFB # EB-4454 Physician Recruiting: Due Date: January 22,2014 Page 14 of 26 Within the fence, contraband items are prohibited in the vehicle as well as on the person. Contraband items include but are not limited to drugs, tobacco products, cell phones, adult or pornographic materials, explosives and weapons (including pocket knives and razor knives, unless a part of an inventoried tool box.) Tool boxes should be inventoried prior to arrival to facilitate security staff accounting. Items may be left with security, however illegal items may not be returned. Trucks to be loaded inside the institution must be loaded under the supervision of a staff member. In maximum security institutions, trucks shall never be left unsupervised while inside the institution. In medium and minimum institutions, unattended trucks must be locked. Vehicles leaving the institution shall have a designated position at which to stop before reaching the vehicle exit, so that the driver and passengers can be properly identified. All vehicles leaving the institution shall again be searched at the truck exit. Any vehicle that cannot be thoroughly searched must be held inside the institution through an official count. Contractor staff walking in may be required to pass through a metal detector and/or have all carry-in items x-rayed or searched. Fraternization with inmates is prohibited. Nothing is to be given to inmates (food, mail, money, newspapers or magazines, etc.) without authorization and nothing is to be received from inmates for removal or transport from the institution. 7.8 EMPLOYEE IDENTIFICATION All contractors’ employees, while working on DOC property, must wear a clearly displayed photo identification badge (provided by the Contractor at the Contractor’s cost) showing they are employees of the contractor. Badges must be available but will not be required to be worn when protective clothing and respiratory protection is required. 7.9 CONFIDENTIALITY The confidentiality of offender health information is protected by the federal Health Insurance Portability and Accountability Act (HIPAA) regulations (45 CFR, parts 160 & 164), federal Alcohol and Other Drug Abuse Patient Information regulations (42 CFR part 2), and by various Wisconsin laws governing the confidentiality of medical, mental health, developmental disability, and alcohol and drug information. In addition, the department considers all personally identifiable information relating to DOC employees or offenders to be confidential, and such data is not to be released unless contractor receives written approval from DOC. 7.10 ELECTRONIC COMMERCE/ONLINE ORDERING Customers of this contract may want to take advantage of electronic ordering and “E-Commerce opportunities that may be offered by the Contractor. If electronic ordering methods are used, the following conditions will apply: The terms of this RFB will take precedence over any auxiliary or ancillary agreement that may be accepted by any employee of the DOC or State. Any terms, conditions, clauses or specifications that are not consistent with the terms, conditions, or specifications of the RFB will be considered null and void and will not be enforceable by the contractor unless agreed to in a written amendment format signed by the Contract Administrator. These agreements include, at a minimum, “Wrap Around”, “Click and Wrap”, Electronic Commerce agreements, auxiliary or ancillary service agreements, or any other additional agreements that further define or add additional service elements to the master contract. 7.11 EMPLOYMENT OF CURRENT OFFENDERS AND EMPLOYMENT AND RETENTION OF INDIVIDUALS ARRESTED, CHARGED OR CONVICTED OF CRIMINAL OFFENSE 7.11.1 Contractor shall not employ a person who is on probation, parole or an inmate who is supervised by Intensive Sanctions for any position where the primary duties and responsibilities involve the supervision or treatment of inmates, probationers or parolees or involve access to offenders' records or funds. RFB # EB-4454 Physician Recruiting: Due Date: January 22,2014 Page 15 of 26 7.11.2 Contractor will implement policies and procedures to ensure that: Job applicants or current employees shall be dealt with as follows: 220.127.116.11 For a job applicant who has a pending criminal charge: Where the circumstances of said criminal charge substantially relate to the circumstances of a particular job or licensed activity, the applicant will not be hired for that job; 18.104.22.168 For a current employee who has a pending criminal charge: Where the circumstances of said criminal charge substantially relate to the circumstances of the job or licensed activity, the employee will not be continued in that particular job; 22.214.171.124For a job applicant who is convicted of a criminal offense: Where the circumstances of said conviction of a criminal or other offense that substantially relates to the circumstances of a particular job or licensed activity, the applicant will not be hired for that job; and 126.96.36.199For a current employee who is convicted of a criminal offense: Where the circumstances of said conviction of a criminal or other offense that substantially relates to the circumstances of the current job or licensed activity, the employee will not be retained in that particular job. Nothing in this contract prohibits the Contractor from reassigning or suspending the employee or, in the case of a conviction, terminating the employee. 7.11.3 In hiring and retention decisions, Contractor may consider records of pending criminal charges and convictions when it can be demonstrated that the circumstances of the offense substantially relate to the circumstances of the job or licensed activity. When determining whether the circumstances of a pending charge or conviction are substantially job related, Contractor should take into consideration elements related to the position, the offense, and the individual. 7.11.4 To make determinations on substantial relationships to the circumstances of the job, Contractor shall have written policies on how the applicant for employment and the employee will be reviewed. To guide the development of the policy, the Contractor may obtain a copy of Chapter 301 of the Department of Corrections Supervisor's Manual from the Contract Administrator. 7.12 FRATERNIZATION 7.12.1 Contractor agrees to have a written policy on fraternization that prohibits the forming of improper relationships between Contractor's employees and offenders. The policy must be substantially equivalent to the Department of Corrections' policy as expressed in Executive Directive 16, May 1991 - Revised January 1997, Further Revised August 2004. A copy of Executive Directive 16 may be obtained from the Contract Administrator. 7.12.2 Contractor shall address at the minimum the policy required in Sub. A: definitions of employee, relationships and offender; a statement of prohibited relationships; duty of employee to inform Contractor of unplanned contacts with offenders; a statement that Contractor-directed contacts or those which are part of the employee's job duties are exempt from the policy; an exception procedure which may be carried out by the Executive Director or designee; and a standard employee statement indicating that each employee has read a copy of the Contractor's policy on fraternization. 7.12.3 Contractor shall also agree to have a written policy which prohibits Contractor’s employees from engaging in any sexual contact or sexual intercourse with offenders under the custody and control of the Department of Corrections. The policy must be substantially equivalent to the Department of Corrections’ policy as expressed in Executive Directive 16-A, August 2006. A copy of Executive Directive 16-A may also be obtained from the Contractor Administrator. 7.12.4 Contractor shall maintain a copy of the signed employee statement on fraternization and sexual contact in each employee's personnel file. RFB # EB-4454 Physician Recruiting: 7.13 Due Date: January 22,2014 Page 16 of 26 CONTRACTOR AUDIT REQUIREMENT 7.13.1 Governmental entities shall comply with the Single Audit Act of 1984, OMB Circular A-128 and the State Single Audit Guidelines issued by the Department of Administration. They shall also comply with the Department of Health and Family Services' Allowable Cost Policy Manual. Single audit reports are due to the Department within 30 days from issuance of the report, but no later than one year after the end of the audit period. 7.13.2 Non-profit agencies that have been certified under USC 501(c)(3) shall comply with OMB Circular A-133, the Department's Contractor Agency Audit Guide, the Allowable Costs Policy Manual and ss. 301.08. Audits are due to the Contractor within one year of the close of the contract. 7.13.3 Profit agencies shall comply with the Department's Contractor Agency Audit Guide, the Allowable Costs Policy Manual, and ss. 301.08. Audits are due to the Contractor within one year of the close of the contract. 7.13.4 If a Contractor agency's audit is based on a calendar rather than state fiscal year (July 1 through June 30), the Contractor and/or auditor shall submit a worksheet which reconciles the expenditures based on the state fiscal year and the relevant purchase orders within one year of the close of the contract. 7.13.5 DOC shall notify Contractor within 90 days of receipt of the audit completed by the independent certified auditor, whether or not the audit meets the requirements of DOC's audit guidelines. DOC shall initiate resolution of audit findings with Contractor within 180 days following notification of the audit's acceptance. If the audit is not complete or is acceptable only in part, DOC shall rely upon the acceptable portion of the audit and any additional audit work shall build upon the work already done. 7.13.6 DOC reserves the right to conduct an independent audit of Contractor if Contractor fails to secure an audit covering all funds, or a follow-up review of selected areas is determined to be necessary. In the event that Contractor fails to secure an audit, DOC's costs for completing an audit will be charged back to Contractor. 7.13.7 Contractor agrees that it is responsible to assure that all purchase of service contracts of $25,000 or more meet the requirements of the Office of Management and Budget Circulars A-133 and A-128 that pertain to sub-recipient audits. 7.14 FAITH-BASED AND CHARITABLE ORGANIZATIONS 7.14.1 A faith-based or charitable organization is eligible to be a contractor on the same basis as any other private organization. If Contractor is a faith-based or charitable organization it shall retain its independence from the State of Wisconsin, including without limitation Contractor’s control over the definition, development, practice, and expression of its charitable or religious beliefs. Except as otherwise provided by state or federal law, Purchaser shall not interpret this Contract to require a charitable or faith-based organization to alter its form of internal governance or remove religious art, icons, scriptures, or other symbols. 7.14.2 A religious organization does not, by contracting with the State of Wisconsin, lose the exemption provided under Section 702 of the Civil Rights Act (42 U.S.C. 2000e-1(a)) regarding its employment practices. Furthermore, if a faith-based or charitable organization segregates the government funds provided under the Contract, then only the financial assistance provided by these funds will be subject to audit. 7.14.3 Neither Purchaser’s selection of a charitable or faith-based contractor to provide the Services described herein nor the expenditure of funds under this Contract is an endorsement of the Contractor’s charitable or religious character, practices, or expression. The purpose of this Contract is the provision of Services; none of Purchaser’s expenditures have as their objective the funding of sectarian worship, instruction, or proselytization. As such, a faith-based or charitable Contractor of Services under this Contract shall post at its place(s) of business the following written notice and personally apprise all assisted inmates of the same: RFB # EB-4454 Physician Recruiting: Due Date: January 22,2014 Page 17 of 26 7.14.4 To ensure an inmate is informed of the foregoing, a faith-based or charitable Contractor shall require that each inmate receiving Services under this Contract signs an acknowledgment form prepared by the Contractor containing the aforementioned notice and verifying the offender’s receipt of the same. A copy of all signed acknowledgment forms shall be promptly provided to Purchaser. Finally, Purchaser will require that each inmate sign the Purchaser’s “Voluntary Choice and Waiver” form, which will be provided by Purchaser, prior to receiving any Services from a faith-based or charitable Contractor under this Contract. A faith-based or charitable Contractor agrees to refrain from providing Services hereunder to an inmate until it receives a copy of a fully executed Voluntary Choice and Waiver form from Purchaser for that respective offender. 7.15 AMERICANS WITH DISABILITY ACT The contractor agency must complete or currently have on file a facility self-survey and a program and policy self-evaluation to address compliance with the Americans with Disability Act. (Public Law 101-336, July 26, 1990, 104 Stat. 327 and Title 42, U.S.C.A., ss. 12101 to 12213). During the course of the contract, the contractor must take action to comply with the facility, program and employment provisions of the Americans with Disability Act. Applicants may obtain information on the Americans with Disability Act by contacting the Director of the Office of Diversity and Employee Services, Wisconsin Department of Corrections, 3099 E. Washington Avenue, PO Box 7925, Madison, Wisconsin 53707-7925. 7.16 CONTRACTOR MAJOR STRUCTURAL CHANGE The Contractor is required to provide the Department with a minimum of 90 days written advance notice of any planned or potential structural change (merger, buyout, acquisition, consolidation, etc.). Contract may not be automatically assigned to the new entity (since the underlying procurement may be affected). 7.21 CARRYING A CONCEALED WEAPON Contractor is prohibited under Executive Directive 80, signed October 31, 2011 from possession of any weapon by Contractor's employees while providing services to DOC offenders. Contractor will prohibit firearms/weapons in any owned, leased/rented, or available location in which program services are provided for DOC. Signs shall be posted at every public entrance. Each sign must be at least five inches by seven inches state the restriction on carrying a firearm, and inform people that weapons or firearms are prohibited. Sample signage will be available through the Contract Administrator. 8.0 STANDARD AND SUPPLEMENTAL TERMS AND CONDITIONS The Standard Terms and Conditions (DOA-3054, R10/2005)) and Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681, R01/2001) are made part of this RFB. The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract negotiated with any bid submitted responding to this RFB (Standard Terms and Conditions, DOA-3054). Failure of the successful bidder to accept these obligations in a contractual agreement may result in cancellation of the award. Wisconsin Department of Administration Chs. 16, 19, 51 DOA-3054 (R10/2005) Page 1 of 3 Standard Terms And Conditions (Request For Bids / Proposals) 1.0 2.0 3.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal. DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable. QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin. 4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs. 5.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. 6.0 PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts. 6.1 6.2 6.3 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration. Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the contractor which are demonstrated to be industrywide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements. In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30). 7.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act. 8.0 ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the State of Wisconsin. Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office. 9.0 METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified. 10.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized. 11.0 PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. A good faith dispute creates an exception to prompt payment. 12.0 TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials. 13.0 GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs. 14.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attach- DOA-3054 Page 2of 3 ments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority. 15.0 16.0 17.0 18.0 19.0 APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts. ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract. ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin. WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals. Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law. 19.3 Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible" contractor, termination of the contract, or withholding of payment. 20.0 PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit. 21.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards. 22.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor. 23.0 INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall: NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. 19.1 19.2 24.0 23.1 Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work. 23.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage. 23.3 The state reserves the right to require higher or lower limits where warranted. CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract. DOA-3054 Page 3of 3 25.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin. 26.0 PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. 30.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s). 31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency. 32.0 HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement. 33.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577. 34.0 WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat. This shall result in requiring the successful bidder/proposer to include products provided by work centers in its catalog for State agencies and campuses or to block the sale of comparable items to State agencies and campuses. 35.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party. Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract. 27.0 28.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation. 27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin. 27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA-3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential. DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats. 29.0 RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled materials whenever technically and economically feasible. Bidders are encouraged to bid products with recycled content which meet specifications. State of Wisconsin Department of Administration Division of Agency Services Bureau of Procurement DOA-3681 (01/2001) ss. 16, 19 and 51, Wis. Stats. Supplemental Standard Terms and Conditions For Procurements for Services 1.0 ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful contractor will become contractual obligations if procurement action ensues. 2.0 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By signing this bid/proposal, the bidder/proposer certifies, and in the case of a joint bid/proposal, each party thereto certifies as to its own organization, that in connection with this procurement: 2.1 2.2 The prices in this bid/proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/proposer or with any competitor; Unless otherwise required by law, the prices which have been quoted in this bid/proposal have not been knowingly disclosed by the bidder/proposer and will not knowingly be disclosed by the bidder/proposer prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other bidder/proposer or to any competitor; and 2.3 No attempt has been made or will be made by the bidder/proposer to induce any other person or firm to submit or not to submit a bid/proposal for the purpose of restricting competition. 2.4 Each person signing this bid/proposal certifies that: He/she is the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above; (or) 3.2 4.0 DUAL EMPLOYMENT: Section 16.417, Wis. Stats., prohibits an individual who is a State of Wisconsin employee or who is retained as a contractor full-time by a State of Wisconsin agency from being retained as a contractor by the same or another State of Wisconsin agency where the individual receives more than $12,000 as compensation for the individual’s services during the same year. This prohibition does not apply to individuals who have full-time appointments for less than twelve (12) months during any period of time that is not included in the appointment. It does not include corporations or partnerships. 5.0 EMPLOYMENT: The contractor will not engage the services of any person or persons now employed by the State of Wisconsin, including any department, commission or board thereof, to provide services relating to this agreement without the written consent of the employing agency of such person or persons and of the contracting agency. 6.0 CONFLICT OF INTEREST: Private and non-profit corporations are bound by ss. 180.0831, 180.1911(1), and 181.0831 Wis. Stats., regarding conflicts of interests by directors in the conduct of state contracts. 7.0 RECORDKEEPING AND RECORD RETENTION: The contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, state and local ordinances. He/she is not the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decisions in certifying that such persons have not participated, and will not participate in any action contrary to 2.1 through 2.3 above, and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above. 3.0 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP: 3.1 Prior to award of any contract, a potential contractor shall certify in writing to the procuring agency that no relationship exists between the potential contractor and the procuring or contracting agency that interferes with fair competition or is a conflict of interest, and no relationship exists between the contractor and another person or organization that constitutes a conflict of interest with respect to a state contract. The Department of Administration may waive this provision, in writing, if those activities of the potential contractor will not be adverse to the interests of the state. Contractors shall agree as part of the contract for services that during performance of the contract, the contractor will neither provide contractual services nor enter into any agreement to provide services to a person or organization that is regulated or funded by the contracting agency or has interests that are adverse to the contracting agency. The Department of Administration may waive this provision, in writing, if those activities of the contractor will not be adverse to the interests of the state. The contracting agency shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents relating to any contract resulting from this bid/proposal held by the contractor. The contractor will retain all documents applicable to the contract for a period of not less than three (3) years after final payment is made. 8.0 INDEPENDENT CAPACITY OF CONTRACTOR: The parties hereto agree that the contractor, its officers, agents, and employees, in the performance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the state. The contractor agrees to take such steps as may be necessary to ensure that each subcontractor of the contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the state. RFB # EB-4454 Due Date: January 22, 2014 Physician Recruiting Page 25 of 26 9.0 REQUIRED FORMS AND ATTACHMENTS The following forms must be completed and submitted with the bid response. Please include these documents in front of your bid response. FORMS: Request for Bid Form (DOA-3070) - cover sheet, first page of this RFB Vendor Information Form (DOA-3477) Designation of Confidential and Proprietary Information Form (DOA-3027) Wisconsin’s Cooperative Purchasing Service Form (DOA-3333) Vendor Reference Form (DOA-3478) ADDITIONAL REQUIRED INFORMATION: Proof of Insurance (The Contractor shall have added the “Department of Corrections” as an additional insured under the commercial general, automobile and Contractor’s liability policies on any insurance certificate provided.) Any and all items for requested documents in italics List of program staff and documentation STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DIVISION OF ENTERPRISE OPERATIONS BUREAU OF PROCUREMENT S. 16.765, WIS. STATS. Bid / Proposal # DOA-3477 (R01/08) Commodity / Service EB-4454 PHYSICIAN RECRUITING Vendor Information 1. BIDDING / PROPOSING COMPANY NAME Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address 2. City State Zip + 4 Name the person to contact for questions concerning this bid / proposal. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address 3. City State Zip + 4 Any vendor awarded over $25,000 on this contract must submit affirmative action information to the department. Please name the Personnel / Human Resource and Development or other person responsible for affirmative action in the company to contact about this plan. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address 4. City State Zip + 4 Mailing address to which state purchase orders are mailed and person the department may contact concerning orders and billings. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 5. State Zip + 4 CEO / President Name This document can be made available in accessible formats to qualified individuals with disabilities. STATE OF WISCONSIN DOA-3027 (R01/98) DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION The attached material submitted in response to Bid/Proposal # EB4454, Physician Recruiting includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval. Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential. Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply: 1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances. We request that the following pages not be released Section Page # Topic ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS FOR ANY COSTS OR DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE MATERIALS. Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above. Company Name ___________________________________________ Authorized Representative ___________________________________________ Signature Authorized Representative ___________________________________________ Date ___________________________________________ Type or Print This document can be made available in accessible formats to qualified individuals with disabilities. Division of State Agency Services State Bureau of Procurement State of Wisconsin Department of Administration DOA-3333 (R03/2004) Vendor Agreement Wisconsin’s Cooperative Purchasing Service Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts. Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the service to expedite purchases. A "municipality" is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.Stats. Interested municipalities: will contact the contractor directly to place orders referencing the state agency contract number; and are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making payment directly to the contractor. The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases. The State of Wisconsin will determine the contractor’s participation by checking a box below. MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. Vendors should note any special conditions below. OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. A vendor’s decision on participating in this service has no effect on awarding this contract. A vendor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond normal delivery areas, or other minimal changes for municipalities. Vendor: please check one of the following boxes in response. I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special conditions noted below. I Do Not Agree to furnish the commodities or services to Wisconsin municipalities. Special Conditions (if applicable): Signature Date (mm/dd/ccyy) Name (Type or Print) Title Company Telephone ( Address (Street) Commodity/Service Physician Recruiting City State ) ZIP + 4 Request for Bid/Proposal Number EB-4454 This form can be made available in accessible formats upon request to qualified individuals with disabilities. RFB # EB-4454 Physician Recruiting STATE OF WISCONSIN Due Date: January 22, 2014 Page 25 of 26 Bid / Proposal # DOA-3478 (R12/96) EB-4454 Physician Recruiting VENDOR REFERENCE FOR VENDOR: Provide company name, address, contact person, telephone number, email and appropriate information on the product(s) and/or service(s) previously provided to four (4) or more organizations (customers) with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement. Company Name Address (include Zip + 4) Contact Person Phone No. Email Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No. Email Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No Email Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No. Email Product(s) and/or Service(s) Used This document can be made available in accessible formats to qualified individuals with disabilities.
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